Maria Miller a woman from Mendoza who claims to have suffered severe illness from the Russian Sputnik vaccine, against covid-19 for which he asks compensation, under the terms of the national decree. This is the first case of its type to arise in Mendoza and reach the Federal Court.
It is worth mentioning that Molinero received her first dose of the Sputnik vaccine in 2020.. According to her testimony, the woman claims that this provoked Guillain-Barré syndromea neurological disease that affects the motor roots of peripheral nerves. As a result, the patient loses myelin that covers the nerves, as well as strength from head to toe.
During the time when Miller began to feel symptoms and was diagnosed with Syndrome, doctors forbade him to receive a second dose of the covid vaccine. In this context, the nation has established the National Vaccine Safety Commission (CoNaSeVa), an organization tasked with monitoring adverse events to ensure that the vaccines used in our country are safe for the public.
According to his diagnosis, woman demanded compensation before CoNaSeVa, but the agency claimed that his condition was not directly related to the vaccination with the Sputnik vaccine, and rejected the claim. The resolution argues that this denial can be reviewed by direct appeal to the Federal Court within 15 days, which it did.
In this regard, the lawyer representing Mendoza and who filed a direct appeal to the court, Federico Werner Schlegel, assured Los Andes: “In the context of a pandemic and vaccination A national decree was issued providing for the right to compensation in cases where vaccination has caused a properly verifiable disease.”
Thus, now the Mendoza Court of Appeal must decide if the Syndrome was caused by a vaccine, and therefore reverse the decision of the Commission and order the Nation to compensate the woman. Otherwise, in which they match the resolution, the request will be rejected.
However, the judge may request a new medical examination and other evidence to ascertain the patient’s state of health. For his part, Schlegel told Los Andes that he had “diagnosis by neurologists for a specific case”.
In addition, the lawyer said that this is “the first direct appeal on this issue, which comes to the Appeals Chamber.” In his dialogue with the newspaper, Schlegel also emphasized that he arrived “second identical case” to the law firm Vaira Leighton and Magdalena.
With regard to compensation, if it occurs, it is necessary to determine the degree of moral and physical incompetence of the patient.
The CoNaSeVa company, consisting of doctors from all over the country, 19 vaccine safety reports received. In the latest report published in November 2022, the Commission indicated that 63,090 ESAVIs (presumed vaccine and immunization related events) were reported following the use of the covid-19 vaccine out of a total of 109,916,975 doses.
Statistically, of the reported cases, only 2.7% are serious events, cases that most often occur in people around the age of 40 years. The remainder of the events refer to flu-like conditions, fever, dizziness, or muscle pain, which were felt for several days after vaccination.
Within this framework, and for 480 deaths that occurred some time after vaccination, 357 were not related to the vaccine, 51 did not have sufficient information, and 63 are currently being analyzed. According to the records, Only one person died from William Barre syndrome after being vaccinated with AstraZeneca, and three more were diagnosed after being injected with Sputnik..
The biggest problem with this syndrome, which only registers two cases per 100,000 inhabitants per year in the country, is that it is detected when the patient has a viral disease or vaccine, and not just covid-19. . For his part, Federico Werner Schlegel, representative of Molinero, concluded: “I trust federal judge Mendoza, at least on health issues”.